2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5747 - Civil action.

     § 5747.  Civil action.
        (a)  Cause of action.--Except as provided in subsection
     5743(e) (relating to requirements for governmental access), any
     provider of electronic communication service, subscriber or
     customer aggrieved by any violation of this subchapter in which
     the conduct constituting the violation is engaged in with a
     knowing or intentional state of mind may, in a civil action,
     recover from the person or entity which engaged in the violation
     such relief as may be appropriate.
        (b)  Relief.--In a civil action under this section,
     appropriate relief includes:
            (1)  such preliminary and other equitable or declaratory
        relief as may be appropriate;
            (2)  damages under subsection (c); and
            (3)  reasonable attorney fees and other litigation costs
        reasonably incurred.
        (c)  Damages.--The court may assess as damages in a civil
     action under this section the sum of the actual damages suffered
     by the plaintiff and any profits made by the violator as a
     result of the violation, but in no case shall a person entitled
     to recover receive less than the sum of $1,000.
        (d)  Defense.--A good faith reliance on:
            (1)  a court warrant or order, a grand jury subpoena, a
        legislative authorization or a statutory authorization;
            (2)  a request of an investigative or law enforcement
        officer under section 5713 (relating to emergency
        situations); or
            (3)  a good faith determination that section 5704(10)
        (relating to exceptions to prohibitions of interception and
        disclosure of communications) permitted the conduct
        complained of;
     is a complete defense to any civil or criminal action brought
     under this subchapter or any other law.
        (e)  Limitation.--A civil action under this section may not
     be commenced later than two years after the date upon which the
     claimant first discovered or had a reasonable opportunity to
     discover the violation.
     (Feb. 18, 1998, P.L.102, No.19, eff. imd.)

        1998 Amendment.  Act 19 amended subsec. (d).